HomeMy WebLinkAboutCity Council Ordinance 2003-36lo w&$) &$) a 2-wdd-11111ttl
ORDINANCE NO. 2003-36
AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY CODE
TO REVISE THE CASH FEE PAYMENT IN LIEU OF LAND
DEDICATION FOR PARKS AND OPEN SPACE
THE CITY OF PLYMOUTH ORDAINS:
Section 1. Amendment of City Code. Chapter 5 of the City Code of the City
of Plymouth, Minnesota, is hereby amended by revising Section 528.03, as follows:
528.03. Dedication Required.
Subd. 1. At the time of subdivision, the developer shall dedicate land for public
use as parks, playgrounds, recreation facilities, trails, or public open space, in an amount
equal to the development's proportional share of the City park system, as determined by
this chapter. Any land dedicated shall be in a location and of a character consistent with
and suitable for meeting the needs identified by the City's Comprehensive Plan.
Generally, land located within flood plains or wetlands shall not be accepted to meet the
proportional share of required land dedication. The City may consider accepting
ownership of these lands without giving credit for park dedication.
Subd. 2. If the City Council determines that land is not needed in the area of the
proposed subdivision, the City may alternatively require payment of an equivalent
amount in cash. Any such cash payment shall be used for the acquisition and
improvement of land for parks, playgrounds, trails, or public open space, or as otherwise
provided by statute. The undeveloped land value shall be used to determine the cash
payment required in lieu of land dedication up to a maximum cash payment of $2,600
$2,800 per dwelling unit for residential development or $6,500 $6,600 per acre for
commercial/industrial development or schools.
Subd. 3. If the City Council determines that land is needed in the development,
but in a lesser amount than the required proportionate share, the Council may require
payment of cash in lieu of land dedication based on a pro -rata share of the land dedication
that otherwise would be required.
Subd. 4. The dedication requirements based on the development's proportional
share of the City park system are presumptively appropriate. A developer may request a
deviation from the presumptive requirements based upon the anticipated impact of that
particular subdivision. The request must be made to the City Council as part of an
application for final plat approval.
Section 2. Effective Date. This amendment shall take effect immediately
upon its passage.
Adopted by the City Council this 16'h day of December, 2003.
$andra R. Paulson, -